Business Law Report: Employment and Contract Law Analysis

This business law report delves into various aspects of UK business law, commencing with an introduction to the field and its significance. It explores legal structures and sources of law, examining the roles of legal authorities. The report then addresses employer obligations in detail, covering health and safety, worker compensation, harassment, and equal opportunities, and analyzing the impact of employment and contract law on businesses. Furthermore, it explores alternative dispute resolution (ADR) processes and provides recommendations. The report emphasizes the importance of legal compliance for businesses, providing a comprehensive overview of key legal concepts and their practical implications. The report also covers the legal framework for businesses, including employment and contract law and its effects on company operations. The assignment concludes with a comprehensive analysis of the legal elements involved in business law and its impact on the business environment.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................................3
TASK 1..........................................................................................................................................................3
P1. Legal structure and sources of law....................................................................................................4
P2. Role of legal authorities.....................................................................................................................5
TASK 2..........................................................................................................................................................6
P3 (A). Employer’s obligation in several situation..................................................................................6
P3 (B). Impact of employment and contract law on business..................................................................7
TASK 3..........................................................................................................................................................8
P5. Justifications for solutions...............................................................................................................10
TASK 4........................................................................................................................................................10
P6 (A). Alternate dispute resolution process..........................................................................................10
P6 (B). Recommendation.......................................................................................................................11
CONCLUSION.............................................................................................................................................12
REFERENCES..............................................................................................................................................13

INTRODUCTION
Business law is the legal terms which consists rules and regulation related to
incorporation and winding up of company. Owner needs to comply with. Through members can
reduce error which may create due to ignorance of law. Government is also responsible to protect
laws and prevent people for wrong full act. As legal authorities have to take reasonable step to
protect laws and maintain legal relation with people (Kinicki and Kreitner, 2012). There are
various types of sources which are able to define laws in order to resolve matter of parties.
Owner having ultimate control over entire operation of business. So that, they have to comply
with rules and regulation. ADR is the problem resolving process which is act other courts. Also
provide, safety, secure and working employment.
TASK 1
P1. Legal structure and sources of law.
Legal system is bound to follow systematic structure of law which is able to provide various
types of courts for criminal civil matter separately (Mann and Roberts, 2011). People can lodge
their dispute in courts in order to receive resolve their matter and get best possible device as well.
This is the easiest way to resolve matter and receive fair justice. Comply with systematic
structure is legal duty of members. Through this structure member can easily resolve matter of
parties and try to meet their target. But for the same reason people have to lodge their complaints
against any person. There are various sources of law which are helpful for growth and
development of legal system. They are effective contribute in the development of system. These
sources are enforceable by law which can able to protect interest or rights of parties. In legal
system sources of laws are defines in two categories primary and secondary. Also it can separate
power among legal authorities on the basis of their roles and responsibilities.
There are various types of sources of laws which are as aligned below:
There are various types of sources of law as use for the purpose of framing of law and
prevent country from wrongful act. No person is able to do crime in against of any person. But in
case he can do so then court imposed penalties on him along with imprisonment.
Constitution- This term is considered as biggest source of law. As it includes some in
order to protect interest and rights of people (Dickerson, 2011). It can able to divide powers
among legal authorities as per their skill, knowledge and qualification. It consists various rules,

policies and procedure which bound entire country to follow act. Country UK having unwritten
constitution. It involves some acts which are as follows-
Trade union acts 1871- According to this act, dispute which are arise among employer
and employees is being resolved by trade union. Members of this legal body have use
their collective efforts for the purpose of identify their matter as well as provide possible
advice to them.
Judiciary- This is another source of law which have to various power to frame rules and
regulation and implement them country. It involves precedents which have certain powers to take
effective decision. They are bound to follow policies and procedures which are imposed on them
and enacted by parliament. As they are responsible to use their collective efforts for attain their
target and objectives as well (Bodie, Kane and Marcus, 2014).
Statutes- It is considered as legislation from the parliament of UK. This is legal body
which is helpful to develop acts of parliament. As it plays significant role formation of laws and
their implementation.
Common law- This type of law has been made with the help of principals which are
created in cases over centuries. (Posner, 2014)
Legislation- This legal term has been created by parliament which initially starts as bill.
Those bills are brought by legal authorities which having impact on entire country. Development
and amendments comes from legal bodies which are authorized by acts of parliament and also
enacted by laws.
Administrative- In consist different types of courts which having certain powers of
resolving matter of parties. People can lodge their complaints in courts whether in criminal or
civil courts. All disputes of parties have been resolved in timely manner. Members involved in
administrative department are judges, lawyers and much more.
P2. Role of legal authorities.
Government of UK play effective role in law making process. As members of legal body
are play important role in this process. Government is responsible to prevent country from
wrongful act and provide safe and secure condition to Entire County (Foss, and Knudsen, 2013).
They have to use their certain power on order to protect interest of people and manage their
performance as well. They are responsible to analyses operation of each organization and try to
identify implementation of laws with in work place. If they found firm not able to follow such

rules, then take action against them and imposed penalties on them equal to mention under
provision. Effective role of government of UK is as follows-
Provide new judgment- In order to protect existing laws staff members of legal
authorities are responsible to take effective or correct decision which are useful for country.
Through people are bound to comply with further rules. They need to comply with legal
obligation which are imposed on them.
Frame new policies- After providing judgment, government have to frame new policies
and procedure which having impact on performance of different types of organizations. Entities
are bound to follow those policies which are related to their performance and operation.
Prepare draft of bill- For complete the procedure of enactment of acts government is
bound to prepare draft of bill. In which involve certain rules which are helpful for the entire
country. After they have to passed the same to parliament for receiving royal consent (Bishara.
and Westermann‐Behaylo, 2012). In case parliament provide royal consent for the same then
draft becomes act and implement in entire country. But in case no consent receives then entire
draft is being rejected.
Statutory and common laws are helpful to provide justice. As statutory law is the written
legal term. Through which judges can provide fair justice and easily resolve matter of parties. On
the other hand, common law has been used to provide justice for current cases. Judges have to
take look on previously discussed cases in order to resolve matter of current parties. But those
cases need to be relevant with previous cases. Judiciaries have to provide justice which satisfy
the needs or demand of parties and able to fulfill their expectation as well.
TASK 2
P3 (A). Employer’s obligation in several situations.
Health and safety.
As per Health and Safety at work etc Act 1974 protection of health and safety is the
biggest responsibility of every employer who owns the responsibility to protect life of their
subordinates. When labors working on hazardous or dangerous machine that employers are
bound to provide safety equipment to them. Also prepare training session for them for the
purpose of educate them about present laws which are able to protect their interest. This is the
systematic procedure which creates awareness among employees (Hynes and Loewenstein,
2011). They have to identify risk a work place and take reasonable step to resolve the same. Try

to carry out risk assessments which may cause harm to entire business. For this purpose, they
have to positively contribute in decision making process. Managers have o fulfill their obligation
which are imposed and comply with laws as well. Employer must ensure that employees having
full knowledge about how to handle hazardous machine. Have to provide proper training to
workers in order to educate them towards maintain their performance. This is the legal obligation
which is imposed on employers and they have to perform functions accordingly.
Workers compensation.
Compensation has been considered as amount which have to be paid by employers other
than salary. This is considered as compulsory payment. If any cause conduct with employees at
work place due to negligence if employers then they can lodge case against employer also
receive amount of compensation (Bebchuk and Jackson, 2011). It is the compulsory payment
which is have to paid by companies in order to motivate their employees. Amount must be paid
equal to mentioned under law and or damages caused to workers.
For example- A employed in a firm which is owned by B. One day A working in hazardous or
dangerous machine without using any type of safety equipment. Because there is no information
provided by employer to him as he is newly join premises. Suddenly, A got injured and not able
to work in future for long time. In that employee is able to file case against B and receive amount
of compensation as well. This is compulsory payment which has to be paid by employer equal to
damages caused to him.
Harassment
Harassment define exploitation of rights as well as duties of employees. For such act
court impose penalty on them. This is exploitation of rights of employees who are working in
any premises. If harassment create one than one time, then it becomes criminal act under
harassment act. It has sufficiently close connection with employment. If this wrongful act has
conducted in business organization, then it becomes criminal act also workers are able to file
case against him and receive compensation amount as well. Employers are the important part of
business and having ultimate control over it. As they only responsible to pay compensation equal
to mentioned under law. Protection from Harassment Act 1997, has been defined that no
company can insult or bulling any employee. It creates stress in the mind of workers. So that, as
per this law firms have to manage their performance and try to protect their interest as well. If
company failed to do that than court imposed penalties on it equal to mentioned under law.
Equal opportunities

Every company has to follow equal pay for equal work. Employers have to provide equal
opportunities to all age group of people and maintain health as well. Not able to discriminate
among employees on the basis of age, sex, race, region and place of birth (Muchlinski, 2011). If
both male and female employees having equal skill, knowledge and experience then entity needs
to provide equal salary and remuneration to them. Through this they can protect interest and right
of employees and maintain their performance as well. The work of worker has been increased in
positive working environment. As per Equality Act 2010 no firm can do discrimination among
employees on the basis of age, caste and much more. They only select workers and allot work to
them on the basis of their qualification and experience.
P3 (B). Impact of employment and contract law on business.
Every firm has to comply with employment as well as contract law in which define
several rules or policies enacted by parliament (Shum and Yam, 2011). Through this firm can
maintain its relationship with other companies. According to employment law entities are not
able to appoint person who is completed the age of 18 years also having some skills and
knowledge. Also higher authorities of firm are responsible to provide proper training session to
their subordinated in order to enhance their skills, experience and knowledge. When workers
working on hazardous machine then provide safety equipment to them in order to safe their life.
As per contract laws organizations comes in the contractual relationship other companies.
Also they form contract with their subordinates at the time of their appointment. In this legal
procedure two or more parties are coming in contractual relationship with each other and try to
fulfill their obligation as well.
According to given scenario, 16 years old girl who employed in business of fast food
firm. She was engaged in firm of cook fries at frying rang. Suddenly, she slipped on water is
leaking from ice making machine. Through this accident her left hand went into deep fat fryer
which containing oil at temperature of high 360 degrees. After that she sustained severe burns
and not able to continue work for long time. In that premises team leader is responsible to
maintain safe and secure working environment in order to protect interest of employees and
maintain their performance as well. As they are bound to comply with laws as well. 16 years’
girl is able to file case against team leader and able to receive amount to compensation as well
equal to amount mentioned under law. Because employer is bound to monitoring workplace
safety in order to provide health and safety to employees. As per contract law act 16 years old
girl have to prove duty of care of employer and due to beach of legal duty damages caused to
her. Several points which needs to prove are as aligned below-

Duty of care- As per provision of law one person is responsible to take care of another
person and protect their life as well. On the basis of given scenario, team leader is responsible to
monitor safety measurement in working place. He has to follow rules and policies which are
imposed on him.
Breach of legal duty- If such person not able to fulfill legal duty then it is considered as
breach of legal duty. In the given scenario, team leader is failed to comply with laws and not able
to fulfill his obligation. For this reason, court impose penalty on him equal to mentioned under
provision of law. They have to perform duty in effective manner and try completing their
obligation in timely and effective manner.
Damages due to breach of legal duty- Several damages have been created due to breach
of legal duty. In given scenario, team leader is failed to fulfill his legal obligation and due to this
sever burn caused to 16 years old girl. At working premises, she slipped on water is leaking from
ice making machine. And she is no longer able to do work.
Remoteness- Damages caused to child labor are not able to control. For the same
purpose, girl is able to file case against team leader and receive compensation amount as well
equal to damages caused to him. In this case team leader is bound to meet rules are imposed on
him and responsible to pay compensation amount as well.
According to employment no employer can employed any worker more than working
hours mentioned under law. Such s 9 hours in day and 48 hours in a week. In case employees
done overtime then employers have to pay them for it which is double than normal working
hours.
TASK 3
P4. Wrongful dismissal protection.
1.
No company can cancel employment of any employee on the basis of doubt only without
any legal procedure of notice. If they can do so then it is considered as wrongful act. no
employer can dismiss employee with specific evidence (Scholes, 2015). Through this they can
maintain effective working environment and also able to boost up level of confidence of
employees.

As per the given scenario, Calvin is person who employed in large fashion house as big
designer from last 4 years. Cited fashion house has been owned by employer known as Donna.
On day she arrived at Monday morning and realizes that her 100 pounds are missing from office.
After sometime, she found that her 100 pounds’ theft by Calvin and on the basis of doubt only
she can cancel his employment. There no evidence, no one-month notice and no advance salary
have been provided. So that, in this Calvin having right to receive amount of remuneration and
one-month notice as well. There are some rights of Calvin are as aligned below-
Right to receive one-month notice- No employer can dismiss employees on the basis of
doubt only. If it is necessary to do so then provide at least one-month notice to them (Smith and
Malloy, 2013). Through which employee can find new opportunities for him in order to survive
in corporate life. Notice in written documentation in which they have to mentioned reason of
dismisses and imposed their stamp over it.
Right to receive salary of at least one month- If continuous working of any employee is
hazardous for entire company then employer offer one-month advance remuneration to them in
order to protect their interest or right.
Obtain evidence- The term evidence is considered as original visible proof in against any
person. If workers conduct any wrongful act, then employers are bound to obtain original
evidence in order to dismiss them and no longer use their services. According to given scenario,
through this provision of laws are able to maintain relationship among employees and employers.
2.
Each person having right to protect their assets through submit or invest some amount
money in insurance company in order to receive claim amount from insurance company when
their insured goods are destroying. Cited firms are able to protect right of people and provide
safety to their goods for which people specified amount of money (Ye, Law, Gu and Chen,
2011). In case such product of person is being destroy then person having right to provide
information about the same to company and receive amount of claim.
On the basis of present scenario, Dan owned small store. But suddenly his store got
damaged due to fire and after informs the same to insurance company he opens new store to
another place. He wants to receive amount of claim which is deposit with firm. In that case
company asked one question to him that Dan receive claim amount 2 years before. And by
mistakenly he denied with the statement. After that firm found Dan wrong that time and refused

to payment of claim. But according to insurance act there is no time limit to receive such
amount. Dan having power to file case against entity and get amount as well.
P5. Justifications for solutions.
There are various types of rules, regulation and policies are present in different types of
act which are able to protect interest of people and maintain their performance as well. Various
laws framed by government for every case. Parliament enacted such laws in order to resolve
problems of every situation.
In first case, no employer can dismiss employees on the basis of doubt only. Furthermore,
this act is considered as wrongful act and not enforceable by law as well. Court imposed
penalties on employers who conduct wrongful dismissal act with their employees and not
provide advance salary and notice to them.
In second scenario, person who secured their goods through submit some amount of
money during stipulated time period in order to receive insurance claim when goods get
damaged. In this case Dan having right to file case and against company and get amount of
compensation as well equal to mentioned under law. Legal authorities are bound to educate
people and try to protect their rights through this. They have to find out legal solution in order to
resolve matter of parties. Courts needs to conduct proper investigation in order to analyses actual
matter of people and try to resolve their problems accordingly. There are various other solutions
are also provided by business law which applied on business organization. Through this dispute
among firm can easily resolve and effective relation among them has been maintained.
TASK 4
P6 (A). Alternate dispute resolution system.
When courts become overburdened with number of cases then they introduce new
techniques to resolve matter or dispute of parties which is known as alternate dispute resolution
process. This is alternate techniques for people to receive fair justice with stipulated time period
at cheap rate. But in case parties lodge their complaints in courts then they are not able to file
same case in ADR or vice versa (Halbert and Ingulli, 2011). If judgment provided by them and
parties are not satisfying with the decision, then they can do so. This is easiest process for people
to getting resolve their matter in timely manner. In the process of courts large number of staff
members consists but on the other hand, in this alternative procedure one only person is
responsible to resolve matter of parties. These are of two types which are as aligned below-

Arbitration- This is legal body it is able to provide fair judgment to parties and try to
protect their interest. In this procedure one person perform such function which is called as
arbitrator. He provides opportunity of being here to both parties and also final judgment in order
to resolve their matter (Kitagawa, 2016). Final decision is called as arbitral award which have to
follow by all parties. They take decision on the basis of present laws and regulations.
Conciliation- This is also considered as legal body and resolve matter of parties. Person is
responsible to perform such act is known as conciliator. He has to listen dispute from each party
and take effective decision through settlement agreement. In this one of the both parties
compromise his interest then matter has been resolved.
Some benefits of ADR are as aligned below-
Cheap justice- The system of court requires huge amount of money. But ADR process
resolve dispute of parties at cheap price. It consumes less amount and provide proper satisfactory
to people.
Fair justice- Effective decision which is taken by both whether arbitrator or conciliator is
responsible to prove fair justice people. Through process people receive proper satisfactory from
legal procedure.
Simple methods to lodge complaints- Court required complex procedure of lodge their
complaints and try to resolve matter if dispute as well. On the other hand, ADR consists simple
method to firm their matter and getting resolve manner as well.
P6 (B). Recommendation.
ADR is the simplest form to resolve matter of parties with in stipulated time period.
Through this procedure courts are able to reduce their burden of cases and easily resolve their
matter as well (Snyder and Deaux, 2012). Parties are bound to comply with arbitral award which
is final decision provided by arbitrator. This is considered as best solution for parties to resolve
their matter.
The effective legal system of UK is different from legal system of USA. In UK legal
authorities easily take decisions which are helpful for them and maintain their performance as
well (Cameron, 2017). On the other hand, there is no systematic procedure has been follows
under USA country.
In the given scenario, Antwon invests huge of money in a company with is owned by
Tyrell. Cited company is engaged in the business of computer software. In which dispute has

been created among both parties which is beneficial for both of them to maintain their
relationship. Both parties are wishing to resolve their matter in effective manner and maintain
their working relationship as well. For them ADR is the best option to resolve their matter and
maintain positive relationship.
CONCLUSION
In the above project, it is examined that law is considered as a significant part of the legal
system. In this light, this report will be discussing about various aspects of business law.
Business law is that stream line of law which has been framed with a view to effect business
organizations. In this project, structure of English legal system is discussed. In addition to this
main role of legal authority in law making in UK has also given effect. Thus, various stages of
law formation have also been demonstrated in this given report. Moreover, employer’s liability
in relation to their employees has also been explained in this assignment. In addition to this,
various terms and concepts of employment and contract act has also been mentioned. In this
light, their applicability in different legal cases is done. Considering this, diversified range of
legal and lawful solutions has also been given to them. In this light, there is a considerable
application of business law in several cases. In the end, alternative dispute resolution has also
been discussed in this present report. Different types of ADR procedure like arbitration,
conciliation and negotiation has been discussed in detail, with its applicability. Which are easily
resolving the matter of parties in timely and effective manner.

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